Carl Gordon v. Gavin Newsom

Summary

The United States District Court for the Central District of California accepted a magistrate judge’s findings and recommendations concerning Carl Gordon’s First Amended Complaint against Gavin Newsom and other defendants. The court rejected Gordon’s objections, including challenges involving mootness, claim preclusion, judicial bias, alleged conflicts of interest, and due process. The court granted the motion to dismiss and dismissed the First Amended Complaint with prejudice.

Holdings

1. The district court accepted the magistrate judge's findings and recommendations after conducting de novo review of the portions challenged by Plaintiff's objections.
2. Plaintiff's claims for prospective injunctive and declaratory relief were moot.
3. Plaintiff's damages claim was barred by qualified immunity.
4. Plaintiff's official-capacity claims were barred by claim preclusion because he had raised the challenges in Case No. CV 21-7270-FMO (MAR).
5. Plaintiff failed to establish judicial bias or partiality.

Questions Presented

1. Whether the magistrate judge's report and recommendation should be accepted after de novo review of Plaintiff's objections.
2. Whether Plaintiff's prospective injunctive and declaratory claims were moot.
3. Whether Plaintiff's damages claims were barred by qualified immunity.
4. Whether Plaintiff's official-capacity claims were barred by claim preclusion.
5. Whether Plaintiff plausibly alleged judicial misconduct, fraud upon the court, judicial bias, or a disqualifying conflict of interest.
6. Whether Plaintiff's alleged federal due process right in the recall election was clearly established.
7. Whether the First Amended Complaint should be dismissed with prejudice.

Disposition

dismissed